Stipulation of Dismissal (Settlement) — Apter v. HHS

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A stipulation of dismissal filed March 21, 2024, in the U.S. District Court for the Southern District of Texas, Galveston Division, No. 3:22-cv-00184, Document 74. Plaintiffs Robert L. Apter, Mary Talley Bowden and Paul E. Marik and the defendants, including the U.S. Department of Health and Human Services and the FDA, stipulate to dismissal with prejudice of all claims because the parties have reached a settlement. Within 21 calendar days, the defendants agree to retire the FDA Consumer Update entitled Why You Should Not Use Ivermectin to Treat or Prevent COVID-19 and to delete social media posts from August 21, 2021 and April 26, 2022. The stipulation states that it is not an admission of any issue of fact or law, wrongdoing or liability by any party.

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF TEXAS 
GALVESTON DIVISION
 
 
 
MARY TALLEY BOWDEN, 
 
 
 
 
 
Plaintiff, 
 
 
v. 
 
U.S. DEPARTMENT OF HEALTH 
AND HUMAN SERVICES, et al., 
 
 
 
 
 
Defendants. 
 
 
 
 
 
Case No. 3:22-cv-184 
 
JUDGE JEFFREY V. BROWN 
 
STIPULATION OF DISMISSAL 
 
Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiffs Robert 
L. Apter; Mary Talley Bowden; and Paul E. Marik,1 and Defendants U.S. 
Department of Health and Human Services; Xavier Becerra, in his official capacity 
as Secretary of Health and Human Services; U.S. Food and Drug Administration 
(FDA); and Robert M. Califf, in his official capacity as Commissioner of Food and 
Drugs, stipulate to the dismissal with prejudice of all claims in the above-
captioned case because the parties have reached a settlement. 
In exchange for Plaintiffs’ agreement to dismiss all claims in this case, 
Defendants agree to, within 21 calendar days: 
 
1 Dr. Apter and Dr. Marik were dismissed from this case on February 5, 2024, 
ECF No. 66, but join in this Stipulation of Dismissal. 
Case 3:22-cv-00184   Document 74   Filed on 03/21/24 in TXSD   Page 1 of 3

 
 
2 
 
 
 Retire FDA’s Consumer Update entitled, Why You Should Not Use 
Ivermectin to Treat or Prevent COVID-19, originally posted on March 5, 
2021, and revised on September 7, 2021 (ECF No. 12, Ex. 1), while 
retaining the right to post a revised Consumer Update.  
 Delete and not republish (1) FDA’s Twitter, LinkedIn, and Facebook 
posts from August 21, 2021 (ECF No. 12, Exs. 4, 5), that read, “You are 
not a horse. You are not a cow. Seriously, y’all. Stop it.”; (2) FDA’s 
Instagram post from August 21, 2021 (ECF No. 12, Ex. 6), that reads, 
“You are not a horse. Stop it with the #ivermectin. It’s not authorized 
for treating #COVID.”; (3) FDA’s Twitter post from April 26, 2022 (ECF 
No. 12, Ex. 7), that reads, “Hold your horses, y’all. Ivermectin may be 
trending, but it still isn’t authorized or approved to treat COVID-19.”; 
and (4) all other social media posts on FDA accounts that link to Why 
You Should Not Use Ivermectin to Treat or Prevent COVID-19 (ECF No. 12, 
Ex. 1). 
FDA has already retired the Frequently Asked Questions (ECF No. 12, Exs. 2, 3) at 
issue in this case.  
All materials will be archived, as required by federal law. 
Neither this Stipulation of Dismissal nor the actions described herein shall 
constitute an admission or evidence of any issue of fact or law, wrongdoing, 
misconduct, or liability on the part of any party to this litigation. 
March 21, 2024 
 
 
 
 
 
 
 
Case 3:22-cv-00184   Document 74   Filed on 03/21/24 in TXSD   Page 2 of 3

 
 
3 
 
 
Respectfully submitted, 
 
/s/ Jared M. Kelson 
R. Trent McCotter 
So. Dist. No. 3712529 
Texas Bar No. 24134174 
Michael Buschbacher (pro hac vice) 
D.C. Bar No. 1048432 
Jared M. Kelson (pro hac vice) 
Attorney-In-Charge 
D.C. Bar No. 241393 
Laura B. Ruppalt 
So. Dist. No. 3869876 
V.A. Bar No. 97202 
Boyden Gray PLLC 
801 17th St NW, Suite 350 
Washington, DC 20006 
(202) 706-5488 
tmccotter@boydengray.com 
jkelson@boydengray.com 
 
Counsel for Plaintiffs 
/s/ Isaac C. Belfer 
Isaac C. Belfer 
Attorney-In-Charge  
D.C. Bar No. 1014909 
Oliver McDonald 
Of Counsel  
N.Y. Bar No. 5416789 
Trial Attorneys 
Consumer Protection Branch 
Civil Division 
U.S. Department of Justice 
PO Box 386 
Washington, DC  20044-0386 
(202) 305-7134 (Belfer) 
(202) 305-0168 (McDonald) 
(202) 514-8742 (fax) 
Isaac.C.Belfer@usdoj.gov 
Oliver.J.McDonald@usdoj.gov 
 
Counsel for Defendants 
 
 
Case 3:22-cv-00184   Document 74   Filed on 03/21/24 in TXSD   Page 3 of 3

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